NASDAQ Files Opposition to METDAQ Trademark
Orange County – METDAQ, an online portal for the business to business marketplace, launched a new website in September and is now facing opposition to its trademark application by NASDAQ OMX. The opposition, filed with the United States Patent and Trademark Office (USPTO), is in reference to a trademark application consisting of a stylized image of a bodybuilder in a partial kneeling position to the left of the word METDAQ.
Launched September 1, 2011, metdaq.com is a business to business online portal intended to link metal companies, buyers, vendors, or any company interested in metallurgy and metal working. METDAQ has an online database of metal services providers in order to simplify the efforts of businesses in their search for the right vendor for their daily metal trade activities. Its website is also a place for these companies and individuals to buy and sell products.
NASDAQ contends that Metdaq’s use of the same suffix will likely cause confusion, mistake, and/or deception in the general public and is also claiming first use and first use in commerce for the DAQ suffix. The New York-based NASDAQ is also insisting that when purchasers, potential purchasers, and users see the METDAQ trademark used in connection with its online metal services, they would be mislead to believe that such services are provided or are in affiliation with, or sponsored by NASDAQ. This confusion, NASDAQ claims, is likely to result in damage and injury to its business and reputation.
A spokesperson for Metdaq, which is not in the business of trading stocks, quoting commodity prices, or any other stock market trade information, states that, “We are puzzled by the objection to our application as we operate in a different arena and are in no way trying to pass ourselves off as related to NASDAQ. It seems an investigation will be necessary to decide if NASDAQ owns the rights to the suffix “DAQ”. However “DAQ” is also used by several other companies, for example, there is BETDAQ, JASDAQ, and FORDAQ.”
In its short time online, Metdaq’s website has been visited by over 100,000 businesses and consumers.
Posted in: Trademark Infringement